Oakland Township residents to determine fate of senior living community

The fate of a controversial Oakland Township senior living community is up in the air as residents prepare to vote on a referendum asking to overturn an amended ordinance that paved the way for construction to begin.

The vote in Tuesday's election coincides with the commencement of an investigation by the U.S. Department of Housing and Urban Development into a complaint by the project's developer alleging the township violated the federal Fair Housing Act.

Moceri/DM Investments LLC has been going back-and-forth with township officials over Blossom Ridge, a proposed 238-unit senior living community at the northwest corner of Adams and Dutton roads, since 2011.

Township Superintendent Jim Creech summed up the issue as such: "The ballot question asks whether the Township Board's decision to allow the development of the proposed Blossom Ridge senior housing should stand, which is a 'yes' vote, or should be overturned, which is a 'no' vote."

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Dominic Moceri, developer for Moceri/DM Investments, said: "The basis of the referendum is severely flawed. First, the elderly and the disabled are a protected class of citizens under the Fair Housing Act and their access to equal housing opportunities are a protected right."

The proposed 42-acre site was previously zoned for medium density living and required to be rezoned to meet the larger density standards of Moceri's development.

Current plans call for an aggregate building that contains two floors on one side of the facility, three on the other side.

Residents have long complained about the project's size, density and raise concerns over the level of traffic it would produce. Some also have argued an abundance of senior housing already exists in nearby communities.

Moceri said the facility, at its highest point, would rise 35 feet in the air. Some nearby homes, he added, are upwards of 50 feet tall.

He also said the entire project would take up 119,000 square feet less than if 61 single-family homes were constructed on the same plot of land.

Resident John Giannangeli said it "boggles his mind" that Moceri chose the plot of land in dispute.

Giannangeli, who said he's not against the idea of senior housing, contends that congestion near Adams and Dutton during rush hour would pose an issue.

"If someone has a heart attack (inside Blossom Ridge), there's no way an ambulance could get through," he said.

Complicated history

In early 2012, the township's planning commission approved the rezoning, and, by June, amid heated dialogue between residents and officials, was preliminarily approved the Board of Trustees.

Then an election happened.

No Democrats ran in the August 2012 election, which ushered in several new candidates to positions on both the township board and parks and recreation commission. Besides Supervisor Terry Gonser, who beat incumbent candidate Joan Fogler in the Republican primary, the township has a new clerk, treasurer and two new trustees.

The same month as the election, deciding to take action before the new candidates assumed their positions in November, the previous board approved the rezoning request to allow construction for senior housing.

At the same time, Moceri submitted a "special accommodations request," citing section 16.15 of the township's zoning ordinance, because the facility would be entirely for senior citizens.

The special accommodations sub-ordinance states, "This section is intended to authorize the grant of relief from the strict terms of the (township zoning ordinance) in order to provide equal housing opportunities particularly suited to the needs of persons entitled to reasonable accommodation under law...In the event state or federal law, e.g., The Federal Fair Housing Amendments Act of 1998, requires the township to make "reasonable accommodation" for a particular proposed user of property, the Township Board...may administratively approve a special accommodation use."

Moceri said the township has not acted on the request since August 2012, which is why he submitted a housing discrimination complaint to the U.S. Department of Housing and Urban Development in June.

Had the request been approved by the trustees, it would have allowed the development to move forward, regardless of whether a referendum seeking to repeal the rezoning of the land was authorized by the township.

Except Moceri's request wasn't approved.

And a citizen petition attempting to gather 1,900 signatures to place the current referendum on the ballotwas approved by the township clerk last September. So, the development was put on hold until the referendum was voted on.

Moceri said the referendum and the special accommodations request is entirely separate. He expressed dismay over the fact it's even taken so long for the referendum to appear on the ballot.

The new board, under Gonser, has asked for five legal opinions regarding the development since the citizen's petition to place the referendum on the ballot was submitted last September. Each instance delayed any action on deciding when the referendum would be placed on the ballot.

It was eventually realized that a step was missed along the way. The project also required approval from Oakland County because the area where Blossom Ridge would be situated borders Rochester Hills.

After the county's coordinating zoning committee approved the project this spring, the township's trustees voted to place the referendum on the ballot for the Tuesday election.

Federal investigation

The U.S. Department of Housing and Urban Development's investigation that began in June is required to be completed within 100 days of the June 28 filing, according to the complaint, which also lists the Michigan chapter of the Paralyzed Veterans of America as a complainant.

If the department finds the township violated the law with "reasonable cause," the township would have the ability to choose between having the case heard by an administrative law judge or go to trial in U.S. District Court.

Moceri, whose parents are also listed in the complaint, said the Southeast Michigan Council of Governments, a regional planning agency, predicts the number of seniors living alone in the township will increase by 222 percent.

"Most will need the type of services that Blossom Ridge would provide," he said.

He added, "It's plain ole' discrimination when outrageous statements are made stating that Blossom Ridge is out of character with Oakland Township," referring to comments made at previous meetings where the development was discussed.

Supervisor Terry Gonser said, "I don't think there is any substance to the filing with ... the (Housing and Urban Development department) for the Fair Housing Act, but that's just my opinion."

If the rezoning is overturned Tuesday, it's unclear what would happen if the investigation finds the township violated the Fair Housing Act when it failed to act on Moceri's special accommodations request.

The U.S. Department of Housing and Urban Development declined to comment since the complaint is still under investigation.